The procedure to dissolve Christian marriage is different from Muslim marriage. The suit for dissolution of christian marriage can be brought by either husband or wife. Related law is Divorce act, 1869 which solely regulates matter of christian marriage. In this act there three modes to dissolve christian marriage.
Modes of Dissolution of Christian Marriages
These are as below;
Dissolution of Marriage
The section 10 of Divorce act 1869 deal with this mode of dissolution. A husband can invoke this section and may present a petition to the Court of Civil Judge, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
on the other hand, wife can also present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband:
- Has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman, or
- has been guilty of incestuous adultery, or
- of bigamy with adultery, or
- of marriage with another woman with adultery, or
- rape, sodomy or bestiality, or
- of adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro, or
- of adultery coupled with desertion, without reasonable excuse, for two years or upwards.
Nullity of Marriage
Section 18 of the Divorce act,1869 deal with this kind of dissolution of christian marriage. According to that Section, any husband or wife may present a petition to the Court of Civil Judge, praying that his or her marriage may be declared null and void.
Grounds Taken in Suit For Nullity of Christian Marriage
Such decree may be made on any of the following grounds:
- That the respondent was impotent at the time of the marriage and at the time of institution of the suit;
- That the parties are within the prohibited decrees of consanguinity (whether natural or legal) or affinity;
- That either party was a lunatic or idiot at the time of the marriage;
- That the former husband or wife of either party was living at the time of the marriage, and the marriage with
- such former husband or wife was then in force.
Judicial Separation
According to Section 22 of the Divorce Act, 1869, No decree shall hereafter be made for a divorce a mensa er toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of as divorce mensa et toro under the existing law, and such other legal effect as hereinafter mentioned. (Click Here: Format of Suit For Christian Judicial Separation)
The parties in a suit for judicial separation of christian marriage can raise any above mentioned grounds. A decree of judicial separation is a court order similar to divorce, under which the couple remains legally married but their normal marital obligations cease and they no longer have to go on living together.
Format of Suit For Dissolution of Christian Marriage
Below we have provided the sample of suit for dissolution of christian marriage as an example. You can use it by making necessary changes in this christian divorce petition format.
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI
YB son of LM r/o _________________________________, Rawalpindi.
…Plaintiff
Versus
SM daughter of M r/o ______________________ Peshawar.
…Defendant
SUIT FOR DISSOLUTION OF CHRISTIAN MARRIAGE U/S 10 OF DIVORCE ACT 1869 ON THE GROUND OF ADULTERY COMMITTED BY DEFENDANT.
Respectfully Sheweth,
- That plaintiff was married to the defendant according to the Christian law on _____ and out of the wedlock, one daughter namely ____ was born who is presently aged about 4 months.
- That initially the relationship between the spouses remained cordial but later on the defendant started misbehaving, maltreating and disobeying the plaintiff and the plaintiff just to save his matrimonial life ignored all the atrocities of the defendant but in vain.
- That the plaintiff during the ABADI maintained the defendant and also provided maintenance according to his means and source.
- That the defendant started committed adultery with unknown persons, while the plaintiff tried his best to forbid her not to commit adultery but in spite of this she did not mend her ways.
- That the defendant left the house of the plaintiff without any permission of the plaintiff along with the minor with unknown person in the month of ______ and while leaving the house of the plaintiff, she took away cash amount of Rs. 60,000/- and gold ornaments valuing Rs. 200,000/- and all costly clothes and since the defendant left the house of the plaintiff, the plaintiff tried his level best to brought her back by sending Jirga but the behavior of the defendant remain very harsh towards plaintiff and other members of Jirga.
- That the defendant left the house of the plaintiff in the month of ______ while the plaintiff tried his best to settle the defendant, live like husband and made fully effort and also has been paying maintenance according to his status and source of income but she involved in adultery and plaintiff tried his best that he should not involve in any act of adultery and due to her adultery he suffered mentally tortured and also his reputation defamed in the society, hence he filed the instant suit.
- That the cause of action accrued in the month of _____ when she left the house of the plaintiff also when she involved in act of adultery, the same is still continuing.
- That the parties were residing lastly within limits of this Honorable Court, cause of action arose also here, hence, this Honorable Court has jurisdiction to adjudicate the matter.
- That the proper court fee has been affixed on the plaint.
PRAYER
It is, therefore most humbly prayed that a decree in a suit for dissolution of christian marriage on the ground of adultery committed by the defendant U/S 10 of 1869 Christian Law be passed in favor of the plaintiff and against the defendant, while the marriage be dissolved between the parties, so that the ends of justice could be fulfilled.
Any other relief, which this Honorable Court may deem and just may also be awarded to the plaintiffs in this suit for dissolution of christian marriage.
Plaintiff
Through
Counsels(s)
Advocate High Court.
Verification:-
Verified on Oath at Rawalpindi on this day of Nov 2008, that the contents of the para No. 1 to 6 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct.
Plaintiff
IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI
YB son of LM r/o _________________________________, Rawalpindi.
…Plaintiff
Versus
SM daughter of M r/o ______________________ Peshawar.
…Defendant
SUIT FOR DISSOLUTION OF CHRISTIAN MARRIAGE U/S 10 OF DIVORCE ACT 1869 ON THE GROUND OF ADULTERY COMMITTED BY DEFENDANT.
Affidavit
That I YB son of LM r/o _________________________________, Rawalpindi.
DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-
That the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
Deponent
Verified on oath at Rawalpindi on this day of Aug 2007 that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
Deponent
